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#Post#: 67860--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: April 20, 2025, 4:07 pm
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Thank you both for all your help.
I am a bit nervous not coming back on this PCN at all - given
that, like you say, either appealing and being rejected or
waiting it out will both generate an NTO, would it ruin anything
if I did send across an appeal at this stage?
I have drafted something below - if you could did have a moment
to give your thoughts that would be most appreciated.
Appeal: PCN number #########
I am appealing the aforementioned PCN on the grounds that the
location and contravention listed on the PCN are inaccurate and
therefore the PCN is not legally enforceable.
Paragraph 2(c) of Schedule 2 of The Civil Enforcement of Road
Traffic Contraventions (Approved Devices, Charging Guidelines
and General Provisions) (England) Regulations 2022 states that
the PCN must include “the grounds on which the civil enforcement
officer issuing the notice believes that a penalty charge is
payable.”
The location is listed as Hartfield Road, Wimbledon. This is
location number 19141 on the ringo app.
The evidence taken by the enforcement office shows the car
parked with the rear of the car against a wall, not along the
side of a road. This is in Hartfield Road Car Park, location
number 17303. Please see a photo of a different car in the same
location taken during the day. Additionally, the Google maps
location provided as evidence of the location of contravention
is clearly the car park and not Hartfield road itself.
The PCN states that DY10 BGO was parked in Hartfield Road, and
the contravention said it was parked in a car park without
clearly displaying a valid pay and display ticket, or voucher,
or parking clock. Firstly, given that the car park allows
motorists to pay for parking on ringo, the contravention does
not adequately capture that there is both the option to display
a ticket or pay for parking virtually on the app. Secondly, as
the car was not parked in Hartfield Road, but rather in
Hartfield Road Car Park, with the two having completely
different location names (in addition to location numbers on the
app), the contravention is not adequately documented in order to
make this PCN legally enforceable.
Given that no contravention occurred on Hartfield Road for the
car with registration DY10 BGO, and that the contravention does
not adequately detail the payment options available to
motorists, please could you cancel the penalty.
Let me know your thoughts? I know your recommendation is to just
wait it out, but how much damage will be done with the above
appeal? The evidence was easily accessible through the Merton
website, and like I say includes a Google location inside the
car park. I will attach.
[attachment deleted by admin]
#Post#: 67862--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: April 20, 2025, 4:22 pm
---------------------------------------------------------
It would weaken your case, I have PM'ed an explanation of the
reasons why.
#Post#: 70685--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: May 9, 2025, 8:12 am
---------------------------------------------------------
Notice to Owner received!
If you are able to help with next steps at all, that would be
great?
It doesn’t mention the reduced amount again though…
[attachment deleted by admin]
#Post#: 70753--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: May 9, 2025, 5:22 pm
---------------------------------------------------------
Do you have proof of payment for the session you actually
bought?
The NTO never mentions the discount because by law it must
demand the full payment, that doesn't stop them from re-offering
the discount at the next stage.
#Post#: 70760--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: May 10, 2025, 4:22 am
---------------------------------------------------------
Yes I have proof of payment - but it was for the wrong car at
the wrong car park. There was no internet available on the app
for some reason and when I went to pay when I had walked out of
the car park and internet had come back it had reset everything
to my last session but I hadn’t realised as I was on the move
then.
#Post#: 70798--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: May 10, 2025, 10:37 am
---------------------------------------------------------
Is the car park you paid for a Merton car park? If so, was the
tariff the same?
#Post#: 70799--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: May 10, 2025, 10:45 am
---------------------------------------------------------
Nope it was an Epsom car park and had cheaper rates… I really
just made an error here but genuinely thought I’d paid for
parking
#Post#: 70815--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: May 10, 2025, 11:54 am
---------------------------------------------------------
Have a read of
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/ealing-cumberland-road-w7-code-53j-failing-to-comply-with-a-restriction-on-vehic/msg56444/#msg56444
I will set up a custom link to the Russo v Plymouth decision
that I will PM you, you can replace the work "link" in the draft
below with the link I will PM you and that way if they don't
bother to open it, we will have an additional ground of appeal
(procedural impropriety owing to failure to consider).
[indent]
Dear London Borough of Merton,
The notice to owner alleges a contravention on Hartfield Road,
as Hartfield Road is a highway it cannot also be a car park. It
would appear that in the first instance the CEO must have
erroneously selected an off-street contravention for whatever it
is he believed had taken place on Hartfield Road. In any event
the paid parking bays on Hartfield Road allow for payment to be
made via RingGo, which means that the contravention alleged
cannot have occurred irrespective of the factual circumstances.
Where there is a cashless payment option and a pay & display
ticket is not required, there cannot be a contravention of
failing to display something that need not be displayed, I refer
you to the decision in Lydia Russo v Plymouth City Council which
is available at link
In light of the above the alleged contravention did not occur
and the penalty charge must be cancelled.
Yours faithfully,
[/indent]
Please take a timed / dated screenshot of the confirmation page.
#Post#: 70823--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: May 10, 2025, 1:24 pm
---------------------------------------------------------
Thank you so much for this - I have the link too.
Please could you confirm which I should check? The contravention
did not occur?
[attachment deleted by admin]
#Post#: 70824--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: May 10, 2025, 1:27 pm
---------------------------------------------------------
--- Quote from: fizz90 link ---
>
> Please could you confirm which I should check? The
contravention did not occur?
>
--- End Quote ---
Yes.
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